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Mississippi Antitrust Laws

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The American economy is based on capitalism, a system that requires business competition. Restraining free trade can disrupt that economic model. Therefore, federal and state antitrust laws have been developed to protect consumers and prevent businesses from obtaining an unfair advantage in the marketplace. These antitrust laws prohibit the creation of monopolies and agreements between companies that reduce competition.

How to Make an Antitrust Violation Complaint in Mississippi

In Mississippi, the state agency that investigates and enforces the antitrust laws is the Office of the Attorney General. If you want, you can file a complaint about a business online. For more information, call the Attorney General’s Office at 601-359-4230.

Corporations and individuals in trade can’t enter into a contract or agreement of any kind which would in effect do any of the following:

Restrain trade

Monopolize production, control, or sale of goods or management or control of any kind of business

Limit, increase, or reduce the price, production, or output of a commodity

Hinder competition or unite interests in the production, importation, manufacture, transportation, sale or purchase of a good

Knowingly issue, own, or hold stock certificates of any trust as described here

Control business earnings contrary to these antitrust laws

Enable anyone else to control business against antitrust laws

Destroy competition in the manufacture or sale of a commodity by selling at a lower price at one part of the state and a higher price in another, except when for reasonable freight, higher rents, and other expenses

Public contract fraud is also prohibited. Corporations and individuals can’t combine with others to bid on public contracts to exclude other companies or individuals from bidding on public works (state, county, or city) or pursued others not to bid.

Penalties

Trusts or conspiracies as described above are penalized by a fine of $100 to $5,000 for the first offense and a fine of $200 to $10,000 for the second or subsequent offense. Each month can be a separate violation.

Additional penalties include:

Injunction – The chancery court can enter an injunction prohibiting these acts. The attorney general or local district attorney usually brings these lawsuits.

Unenforceable Contracts – Contracts that are made in violation of anti-trust laws are void and unenforceable.

Losing Right to Do Business – A business caught violating these antitrust in Mississippi can lose the right to do business in the state.

Public contract fraud is a misdemeanor with a fine of $25 to $1,000.

Failure to comply with subpoena requests from a court (usually to prove antitrust actions) is considered contempt of court and punished by a fine of $1,000 to $2,000.

Private Lawsuits

While the attorney general or an authorized district attorney can enforce civil and criminal antitrust laws, private persons and individuals can also sue for any damages or financial losses they suffered due to the violation of these laws. In addition to the damages, a penalty of $500 can be awarded. One or more parties to the trust, including officers and representatives, can be sued.

Attorney Fees

Yes, attorney fees, to cover the Attorney General’s expenses in bringing an antitrust violation lawsuit are permissible. Also, if the state contracts with an attorney to provide legal services to it, they may have to pay for that service. However, an individual’s personal attorney fees to recover damages aren’t statutorily required to be covered.

Antitrust laws are complicated. If you believe you were wronged by a business violating these antitrust laws, you should consult with an experienced Mississippi antitrust lawyer.

Note: State laws are regularly revised, so it’s best to contact an attorney or conduct your own legal research to verify these state laws.